Member, Member Broker and Contract Acceptance are defined in the Dorothy.com® Marketing Agreement.
This Media Assignment (“Agreement”) made and entered into as of Contract Acceptance by and between Member Broker and Member. Member Broker has engaged Member to photograph, visually record or otherwise create graphics or other images (collectively, “Images”) of the properties identified in the Marketing Agreement. The parties hereby agree, for good and valuable consideration received, the receipt and sufficiency of which is hereby acknowledged, as follows:
Member Broker agrees to pay Member in consideration of all services rendered by Member and the assignment of the Images as set forth below the total amount of $0 (Zero dollars).
Member(s) hereby irrevocably assigns and transfers to Member Broker all of Member’s worldwide right, title and interest, including without limitation all copyrights, whether now existing or hereafter acquired, in and to all Images. Member(s) represents and warrants to Member Broker that it owns all right, title and interest in and to the Images, including copyright, is capable of assigning said rights in the Images as set forth in this Agreement, and has full right and power to enter into this Agreement.
Member acknowledges and understands that it is in no way permitted to use the Images in any manner whatsoever, and no other royalty or other consideration will be due to Member. Member agrees and warrants that Member Broker is under no obligation to credit Member or any other third party as the author of the Images.
Member understands and agrees that it is an independent contractor of Member Broker and nothing in this Agreement shall be construed to create a partnership, or joint venture, between Member and Member Broker.
The validity, construction and enforceability of this Agreement shall be governed in all respects by the laws of the State of Florida. This Agreement may not be amended except in writing signed by the respective parties. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
If you do hire a photographer, you must ensure you
own all the rights to the media. The rights must be in
writing. Here are
Sample Photography Agreements.
NAR Associate Counsel Chloe Hecht discusses
copyright issues relating to listing photographs and
outlines risk management strategies to avoid copyright infringement.